university of otago, university of otago, new zealand ...dunedin 9054, new zealand phone: 0064 3479...
TRANSCRIPT
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Corporate accountability and human rights in MNCs in Asia: a case study
approach
Ms. Jiali Ma
University of Otago
Email: [email protected]
And
Dr Sriyalatha Kumarasinghe
Lecturer
Department of Accountancy and Finance
Otago Business School
60 Clyde Street, PO Box 56,
Dunedin 9054, New Zealand
Phone: 0064 3479 8120
Fax: 0064 3479 8171
email: [email protected]
Abstract
This article examines the corporate social responsibility (CSR) practices and accountability
of two Chinese companies with a globalization strategy. Using content analysis, CSR reports
were investigated in relation to labour practices and human rights disclosures over six years
from 2011 to 2016. The findings show the changes in the disclosed information in the two
companies’ reports during the period of analysis. This paper highlights a gap between human
rights disclosures and the requirements based on both international standards and Chinese
laws. Although the two companies are large multinationals with substantial global expansion,
their labour practices and human rights compliance raise concerns. In order to diminish the
gap between the enterprises and the expectations of public stakeholders, this study
recommends that companies should be more transparent about their labour practices and
human rights compliance.
Keywords: accountability, case study, China, corporate social responsibility, human rights,
labour practice.
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Introduction
Many Multinational Corporations (MNCs) in the world are paying attention to corporate
social responsibility (CSR), as they realise that CSR plays a significant role in companies’
operations. Companies are interested in reaching goals, including profitability, eco-friendly
policies for the environment and social perspectives. As a result of a high demand for
resources in order to achieve fast economic growth, the improvement of CSR in developing
countries, such as China, is different (Busse, 2016). Although China is the second-largest
economy,1 CSR does not play an important role in Chinese companies. As is shown by many
academic studies, CSR is quite meaningful to businesses (Kolk, 2016; Kolk, Hong, & Van
Dolen, 2010; Preuss, Haunschild, & Matten, 2009). Also, those academic sources are guiding
the Chinese government in building regulations that will assist CSR practices. Over the past
decades, the Chinese government has started to improve CSR guidelines and encourage
companies to apply them. At the same time, a huge Chinese market has opened to western
investors who keep an eye on the sustainability development of their businesses. From a
long-term perspective, CSR reports will bring positive effects, such as a good reputation and
increased profitability for companies, rather than negative impacts (Busse, 2016).
Although CSR is accepted by Chinese enterprises, the quality of reports is still one of the
most controversial topics due to product safety and human rights issues (Forsman-Hugg,
Katajajuuri, Mäkelä, Järvelä, & Timonen, 2013; Engle, 2004). For example, the Sanlu milk
scandal was a serious incident that involved adding chemical material to infant formula milk
powder in order to meet standard requirements. That led to severe kidney sickness of
thousands of infants. Due to this scandal, the government started to examine all milk products
available in the market. The results of this inspection indicated that more than 10 milk
manufactories had the same issue with added restricted material in their products. This was a
serious event related to product safety. Another incident linked to labour practices and human
rights resulted in a spate of suicides in Foxccon. During this critical situation, 14 employees
fell off a building in the factory over a 10-month period. Since those harmful events, CSR
scholars are switching their focus on employment security issues in CSR in particular
business entities. The above mentioned incidents and many other similar happenings reported
by the world media (Schrempf-Stirling and Palazzo, 2016) highlights the need of more
1 http://www.worldbank.org/en/country/china/overview#1
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research on MNC activities and find avenues to make corporations accountable and
responsible for human rights and employee health and safety.
Although there is academic discourse on labour relations and human rights in other
disciplines such as law, political studies, management and international relations (Whelan,
Moon, and Orlitzky, 2009; Whelan and Muthuri, 2016; Scherer and Palazzo, 2011; Wettstein,
2012), human rights research in accounting is limited or opaque (Cooper et al., 2011; Sikka,
2011; Lauwo and Otusanya, 2014). Hence, the lens of this research is focused on how global
MNCs undertake accountability of human rights in their home countries.
This research aims at examining the implementation of CSR related to labour practices and
human rights in Chinese multi-national companies, through a case study of Qingdao Haier
and Alibaba. Regulations and standards at both international and domestic levels are
reviewed. The goal is to examine the level of disclosure in their CSR reports between 2011
and 2016. Furthermore, the study examines whether there is a relationship between
globalization strategy and the intention of improving CSR disclosures on employees and
human rights. This article finds different levels of CSR disclosures related to labour practices
and human rights criteria in the Global Reporting Initiative (GRI) and Guidelines on
Corporate Social Responsibility Reporting for Chinese Enterprises (CASS-CSR) between
Qingdao Haier and Alibaba Group in the analysed period. The study will also investigate the
compliance of ISO26000, the standard from the International Organization for
Standardization 26000, by the two companies. This study will contribute with an overview of
the level of CSR disclosures related to labour practices and human rights in these two top
companies. Through the discussion in this paper with some empirical evidence from the two
large Chinese companies we intend to add knowledge to the existing literature from home
country and developing country perspectives. It also attempts to make awareness on the low
level of importance placed by MNCs on human rights and labour relations, hence the
vulnerability of employees by prioritising business sustainability only.
The rest of the article is structured as follows. The next section provides a short illustration of
the global CSR background. Then the evolution of Chinese CSR is described in terms of
academic studies. Next the methodology is interpreted, including case selection, background
of cases, and content analysis. Then the article introduces rules related to labour practices and
human rights between international and domestic standards and guidelines. The following
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section explicates the findings of this case study and discusses the results. The report
concludes with limitations and future research.
Global perspective of CSR: a brief background
Research on CSR is very well developed, from theory study to empirical analysis in western
countries. Carroll (1999) showed that social responsibility was brought up from a business
perspective since 1946 through a magazine interview. During the following few decades, a
great number of researchers have started to work on CSR from various perspectives. For
example, Carroll (1999) described how the definition of CSR changed and developed over
time. The author reviewed the literature and reached the conclusion that in the 1950s, social
responsibility showed up for the first time in the business area. Then, between the 1960s and
the 1970s, different versions of the definition were provided and expanded. During the 1980s,
more and more research about CSR was conducted, but the number of definitions decreased.
Coming to the 1990s, researchers switched their attention to other aspects of CSR. On the
other hand, Gamerschlag, Möller and Verbeeten (2011) did an empirical study to analyse
CSR disclosure for 130 companies in Germany. They indicated that a high volume of CSR
disclosure had a positive influence on avoiding costs of business from negative political
factors. Not only did the authors investigate the impact of political costs on companies, but
they also inspected ethical perspectives. Lamberti and Lettieri (2009) explained that some
food companies changed their business strategies to focus on CSR disclosure in order to get a
good reputation from customers as well as for increased profits. Joyner and Payne (2002)
directed their attention to the connection between CSR and financial performance in terms of
a study of two large business entities and confirmed that the link to financial performance can
be either direct or indirect.
Studies on CSR based on conceptual perspectives and case studies have been developed
comprehensively in western countries. These studies provide a good foundation for an
analysis of CSR in China. This article analyses the CSR reports of Qingdao Haier and
Alibaba Group related to labour practices and human rights, based on existing global and
local standards.
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Global labour regulations and standards
Social clause & fundamental International Labour Organisation (ILO) conventions
The social clause was brought forward by the trade unions in the United States in 1992. One
of its most important items is labour rights protection. It contains suggestions for the
elimination of forced labour, child labour and discrimination work. However, standing
against social dumping is the purpose of creating a social clause (Blackett, 1999). Social
dumping occurs when industrialized countries with a higher cost of salaries import products
at cheaper prices. There is a reason for this: the absence of protection of employees` rights
and interests, as well as the existence of unreasonable salaries. Therefore, exporting countries
are able to sell their products at a price lower than the market price. However, due to this
selling approach, employees in industrialized countries lose work opportunities. Under this
situation, importing countries are forced to reduce the salaries and benefits of employees, in
order to increase the competition of their products. As a result of this, the United States was
eager to push forward the social clause into the World Trade Organisation (WTO)
agreements (Leary, 1997). Nevertheless, the definition of labour standards in the social clause
is ambiguous. Both core labour standards and salaries, working hours and labour protection
are mentioned in it. In the end, the social clause was not written into WTO agreements. On
the other hand, fundamental ILO conventions were prepared by the ILO, instead of the social
clause to put into WTO agreements. It aims at the protection of the basic rights and interests
of employees in the workplace.
International labour standards
International labour standards are conventions and recommendations, which are passed by the
ILO. Those standards are concerned with employees` rights and work conditions, including
free association and collective bargaining, free employment and ban of forced work,
employment and wages between male and female equally, forbiddance of child labour, and
reasonable work conditions. By July 2017, there were 189 conventions and 205
recommendations, which refer to basic human rights, work conditions, social security,
statutes of women, employment and human resources, society policy, labour management,
child labour, and immigrant workers. The standards provide comprehensive and complete
requirements of payment of labour, work environment, benefit of employees, and additional
human rights. As a result, international labour standards comprise protection of employment
and human rights broadly and entirely. An increasing number of countries take part in ILO
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and apply these conventions and recommendations. At the end of 2017, China, except the
Hong Kong and Macao special administration regions, implemented 26 conventions,
including four fundamental conventions, two governance conventions, and 20 technical
conventions2 (see Appendix).
SA8000
SA8000 was initiated by the United States, which cooperates with multinational companies
and international organizations around the world. It is the first international standard of moral
rules, which is applicable for any company in different industries and locations. Meanwhile,
implementation of SA8000 is the same as ISO9000 and ISO14000. It can be audited by a
third authorised party. The main content of SA8000 contains eight aspects, which are 1) child
labour, 2) forced and compulsory labour, 3) health and safety, 4) freedom of association and
right to collective bargaining, 5) discrimination, 6) disciplinary practices, 7) working hours,
and 8) remuneration. It covers the operation of businesses on management and performance
perspectives (Kortelainen, 2008). SA8000 is involved in internal CSR. Although SA 8000
has many merits, SA 8000 is deficient for their norms, lack of communication with
stakeholders, and companies seem to follow it because of compulsion instead of
voluntariness (Gilbert, & Rasche, 2007). At the same time, since most labour issues focus on
labour-intensive industries, it seems that SA8000 directs its attention to developing countries
(Beschorner, & Müller, 2007). By contrast, due to the provisions of SA8000 only related to
human rights and work conditions, it plays a significant role in supporting society to protect
employees.
ISO26000
The International Organization for Standards (ISO) did research and amendments on
guidance on social responsibility for years. On the 1st of November 2010, ISO promulgated
ISO26000. The standard aims at encouraging organizations around the world to improve the
key performance indicators of sustainable development while having the ability to make a
better community environment. Furthermore, the organizations are stimulated to devote
themselves to sustainable development. In terms of this perspective, ISO26000 looks at social
responsibility as if it is an actual requirement of what you need to do, rather than a moral
discussion of what you should do. That means organizations should insist on principles of
2 http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103404
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accountability, transparency, respect regulations, protection of human rights and interests of
shareholders. It includes human rights, labour practices, equal operating practices,
organization management, environment, customers issues, and community involvement and
development. ISO26000 is suitable for not only enterprises but also governments, NGOs, and
other non-profit organizations. Although the demands of developing countries are taken into
account, western countries are making the standards. Stages of society development are
different between developed countries and developing countries, that is, in their politics,
economics, culture, beliefs, value perspectives, and industrial structure. As a result,
ISO26000 is applied diversely on a case-by-case basis. The guidelines’ requirements
referring to human rights include duties of investigation, the risk to human rights, avoidance
of collusive relationships, solution of complaints, discriminating against disadvantaged
groups, civil and political rights, basic principles and rights of employment, and economic,
social and cultural rights. On the other hand, labour practice comprises the relationship
between employees and employers, working conditions, social security, health and safety, as
well as training and development for employees. The purpose of ISO26000 is to provide
guidelines for social responsibility, neither certification nor management standards. Due to
the universal character of ISO26000, demands related to the interests of worldwide
shareholders are taken into an account of social responsibility. The only issue that
international society is facing is to deal with differences between developed countries and
developing countries when they apply ISO26000.
Global reporting Initiative (GRI)
GRI was established in the late 1990s and introduced a framework that could assist in
benchmarking companies’ activities. It has been the most popular framework worldwide. It
has been adopted by 74% of the largest 250 global companies (KPMG, 2015). After the
introduction of the full set of guidelines in 2000, it went through several intensive revision
processes in 2002, 2006, 2011, and in 2013, releasing G2, G3, G3.1 and G4 versions. The
main intention of the GRI is to harmonise sustainability reporting and financial reporting
practices by allowing consistency and comparability of the company activities around the
globe (Willis, 2003; Parsa, Roper, Muller-Camen, and Szigetvari, 2018).
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CSR development in China
While China is one of the fast-growing economies in the world, environmental issues, human
rights and other business ethical issues in Chinese companies have started emerging only in
recent years. Large Chinese companies play a significant role in social responsibility in
China. Actually, China has a long history of social responsibility. Wang and Juslin (2009)
indicated that China was known for a CSR study as far as 2500 years ago. The essence of
social responsibility has applied since the ancient period (520–475 BC) in China. The authors
explained the changing process of CSR in terms of timelines. As a Confucian trader,
operating a business might take account of ethics, honesty, charity, credit and equity. These
characteristics demonstrate that the basic concept of social responsibility has existed in China
for a long time. The second stage was between 1949 and 1983. As a result of the change in
Chinese political circumstances, none of the citizens were able to be involved in business
except the government, which is called a planned economy. At that time, mandatory duties
were asked to be followed by political demands instead of CSR. The period between 1984
and 1994 represents the third stage of CSR development in China, when private entities were
allowed to be involved in commercial activities. The current authority wants to achieve
economic development through encouraging the desires of individual citizens. Therefore,
there is a lack of consciousness of social responsibility. After 1994, CSR was introduced to
China by western countries, and studies of CSR have made great progress since 2000.
While CSR was accepted in companies between China and the developed countries, there are
quite different purposes for stimulating entrepreneurs to apply CSR. Hou and Li (2014)
analysed the data of 4000 Chinese business entities and another 1200 companies from
different countries around the world. The authors found that improving a company`s
reputation, as well as being partly responsible for social development, and getting
government acceptance are the most important reasons business entities implement CSR in
China. By contrast, the rest of the companies applied CSR in order to either increase income
or reputation, or to be in accordance with rules. According to their research, the main reason
for following CSR by complying with regulations and laws is to get attention from overseas
entrepreneurs. Chinese companies are not concerned about following rules. One of the
reasons is that there is a lack of supervisory organizations, such as non-governmental
organizations (NGOs), in China except for the government (Hou & Li, 2014). Due to the
absence of monitoring by different stakeholders, Chinese firms do not have the willingness to
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disclose CSR voluntarily. While preparation of annual reports is compulsory, CSR disclosure
is not compulsory except for companies that are on the requirement list of the Shanghai Stock
Exchange (SSE) in China. There are only 32 public companies which disclosed CSR reports
voluntarily. These entities believed that they need to satisfy the government only.
There are two types of societies: rule-based and relation-based. The definition of a rule-based
system is that the nation applies the public rules, including laws, state policies, and
regulations in an approach that is transparent, fair, and prevailing (Li, Park, & Li, 2004). The
authors also defined the relation-based system, which is when individuals impact on the rule-
based system in terms of personal relations because of an unfair public rule-based system.
The society of China is the latter one. Compared with a rule-based society with a transparent
and fair legal system, the government is much more actively involved in public information
than in a relation-based society (Lattemann, Fetscherin, Alon, Li, & Schneider, 2009). When
the Sanlu milk scandal happened in 2008, the government asked the entire society to
undertake the social costs (Noronha, Tou, Cynthia, & Guan, 2013). As a result of that
decision by the government, the public was embarrassed and realised that they had not paid
any attention to companies’ activities in the past.
Due to the high involvement of the government, Chinese citizens trust that officials and the
system of laws are able to monitor and restrain business organizations well. Since the scandal
took place, however, shareholders started demanding more disclosed information, not only
financial data in annual reports, but also performance information on operations in CSR
reports. The public is doubtful about whether companies are preparing their CSR reports in
accordance with provisions (Noronha, Tou, Cynthia, & Guan, 2013). Researchers realise that
their studies should move from the structure of CSR to more specific areas, such as product
safety, pollution and charity duties. However, there is still a lack of empirical studies related
to employee and human rights. In terms of this gap, this research analyses disclosed
information of labour practices and human rights in CSR annual reports, in order to improve
CSR reporting in China. This article examines the CSR reports of Qingdao Haier and Alibaba
Group related to their responsibility towards employees and work safety, in terms of the
Guidelines on Corporate Social Responsibility Reporting for Chinese Enterprises (CASS-
CSR), in conjunction with global standards.
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Labour Law & Labour Contract Law of the Peoples Republic of China
There was no completed legal system in China between 1978 and the early 1990s (Hou & Li,
2014). Chinese labour law was promulgated in 1994. However, there are many problems in
the labour law. For instance, no measures in the law have clearly been presented, and no
process has been applied. Due to a lack of detailed rules and regulations to support the labour
law, employees are not able to be well protected under the law. Compared with Chinese
labour law from 1994, Chinese labour contract law, which is also called the new Chinese
labour law, was released so that employees are able to be protected better. The strengthened
measurements are against illegal dismissal, increased compensation of dismissed employees,
and there are more limitations of labour dispatching practices (Haina, 2015). One of the most
important effects is the fact that the cost of breaking laws increases sharply in the new labour
law. For example, a company might pay a massive amount of penalties when employees
either do not sign a labour contract or do not have social insurance. However, regulations to
protect the human rights of employees are absent in China. Only a few provisions are
dispersed in the different content of laws. Meanwhile, disclosure in CSR reports is not
required by these laws. Therefore, it is difficult to connect China’s labour law and labour
contract law with CSR reports.
Difference between Chinese regulations, SA8000, and ISO26000
As SA8000 came out, many export-oriented Chinese companies were requested to apply
SA8000 certification by some MNCs, otherwise the Chinese companies might lose their trade
orders. Because of this, SA8000 was introduced to many Chinese companies. Afterward,
ISO26000 was released in order to provide a standard of social responsibility which is more
authoritative and comprehensive.
Firstly, regarding child labour, both international and Chinese laws (standards) have similar
requirements. There are slight differences in order to strengthen Chinese regulations.
Secondly, the Chinese labour law system is not completed. Hence, there are some ambiguous
provisions. For instance, some products in the market are made by prisoners, who are
working for state-owned companies. This would impact on the export market negatively.
However, Chinese labour law (1994) does not ban it with explicit clauses. Thirdly, free
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association and collective bargaining is limited by political factors. It is quite difficult to set
up a trade union by workers, due to complex processes of application and approval.
Therefore, duties of trade unions are not able to come into play entirely to protect employees
in China. Fourthly, compared with the 14 reasons of discrimination in SA8000, there are only
four points in Chinese labour law, which are nation, race, gender, and religion. In addition,
Chinese labour law has just one provision which is no discrimination of employment and
payment distribution. However, the range of discrimination has six factors in SA8000. As a
result of a flawed labour legislation system in China, a bias has been found in recruiting for
jobs of the female workforce in the commercial world. For example, in several instances
women had to sign an agreement as a guarantee that they will not get pregnant while they are
working for the company. Otherwise, those female employees would be dismissed. Lastly, in
terms of both Chinese labour law and SA8000, the maximum working hours is eight hours
per day, 40 hours per week. Meanwhile, overtime should not be more than 12 hours per week
by SA8000. Under Chinese labour law, three hours per day, 36 hours per month is the
maximum overtime rule. In China, however, the labour law and trade union system are less
developed, and companies are free from inspection related to employees and human rights.
Even with those clear clauses, some recruitment advertisements describe job details online,
mentioning only one day off every week. Job seekers are used to it because of the highly
competitive job market. Therefore, employees have to reach a compromise in order to get a
job for basic needs.
There are some difficulties in adhering to SA8000 in developing countries. Some Chinese
companies believe that it is a trade barrier instead of social responsibility guidelines (Tang,
2004). Therefore, they lack the motivation to apply this standard in their businesses. The
significant distinction between SA8000 and ISO26000 is that the subjects are all
organizations in the world, including enterprises, governments and public sectors, and NGOs.
Meanwhile, the purpose of ISO26000 is to encourage every organization to apply it as a
consideration of social responsibility, instead of getting a certification. On the other hand, the
coverage of ISO26000 is much more comprehensive than SA8000. ISO26000 involves seven
core aspects balancing forces between globalization and sustainable development
perspectives. By contrast, SA8000 has a narrow view on human rights.
Both SA8000 and ISO26000 together cover labour practices and human rights
comprehensively. As the Chinese labour law system is not very sophisticated, both of them
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can be supplements. However, considering the relatively narrow view of SA8000, in this
research the CSR disclosures will be analysed under the views of ISO26000, together with
GRI and CASS-CSR, in order to examine the quality of voluntary disclosure between
Qingdao Haier and Alibaba Group.
Methodology
Case selection
In the past decade, not only have researchers kept their eyes on CSR disclosure, but also
shareholders who cared about whether companies took social responsibility seriously. As
shareholders, they look forward to reading more studies related to the company they have
invested in, based on the limited information from annual reports. There are few case studies
on CSR reporting in China, and their focus is on the one explicit perspective of core
standards (Yu, 2008; Islam, Haque, Dissanayake, Leung, & Handley, 2015). This study
explores two organizations, Qingdao Haier and Alibaba Group. As subjects of the research,
these two companies have some particular significance. Firstly, both of them are among the
top companies in their separate industries. Secondly, globalization strategy is the primary
approach of expanding their businesses. Thirdly, not only are both of them publicly listed
companies, and disclose information extensively, but also these two companies are part of the
small group that prepared CSR reports at an early period. Plus, their CSR reports are
available online. However, they are in two different types of businesses. Qingdao Haier
manufactures white electrical appliances, while Alibaba is an internet-based retail enterprise.
Research in developed counties points out that despite the fact that China is the country with
the fastest economic growth in the world, Chinese companies barely take into account social
responsibilities. Increasing profitability is the primary purpose for them. Therefore, if
Chinese companies carry out social responsibility activities positively, and disclose them with
integrity, it will play a significant role in development of the economy, protection of the
environment, and protection of employees’ rights and improvement of their well-being. As
such, studying disclosure of CSR on employees and human rights from an academic
perspective will allow the improvement of CSR in China.
However, there are limited number of studies that explore CSR in terms of individual entities.
A large amount of research has presented CSR in different perspectives, such as financial
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performance (Peloza, 2009), marketing rules (Enderle & Murphy, 2009; Maignan & Ferrell,
2004) as well as behaviour of companies, human rights and attitude of businesses. All of this
research is at the macro level of CSR study (Aguinis & Glavas, 2012). It is equally important
to check whether CSR guidelines apply well in each organization.
Background of cases
Qingdao Haier
Qingdao Haier Limited (Qingdao Haier), incorporated in 1989, is the biggest white electrical
appliance manufacturer in the world (Palepu, Khanna, & Vargas, 2006). In 1993, Qingdao
Haier was listed on the Shanghai Stock Exchange. As of 2017, there are 10 research and
development centres, 7 industrial parks, 24 manufacturing plants and 24 trading companies.
Haier has had the largest market share in the big household appliance market eight years in a
row. Qingdao Haier had clear targets during their growth and achieved them successfully.
Brand building and diversification strategies applied from 1984 to 1997. After those two
stages, a globalization approach was adopted by Qingdao Haier. In terms of the early
strategies, the company focused on improving the quality of refrigerators, and switched to
discover new markets, such as telecommunications equipment, washing machines, and
televisions, acquiring many domestic appliance companies (Pallas, 2016).
Between 1998 and 2011, Qingdao Haier launched its globalization approach, expanding with
internationalization and global brand strategies. In October 2011, Qingdao Haier bought
Sanyo Electric Co Ltd, in order to get the white electric appliance market in Japan and
Southeast Asia. In 2012, Fisher & Paykel Appliance was taken over by Qingdao Haier. As
the result of these purchases, Qingdao Haier improved their position in the world’s high-end
white electric appliance market. In 2016, General Electric appliance also became one of the
members in the Haier brand. Since 2012, Qingdao Haier has started a networking strategy.3
The purpose of the strategy is catering to the fast-developing online market. With the fast
development of its business, the total number of employees was 74,570 at the end of 2016
(2016 annual report).
Alibaba
Alibaba Group was established in 1999 by Jack Ma and a team of 18 people. Alibaba Group
operates multiple business, included e-commerce, retail, internet, technology, financial
3 http://www.haier.net/en/about_haier/
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service and investment. On 19 September 2014, Alibaba Group was listed on the New York
Stock Exchange. In 2016, Alibaba Group was the biggest online retail market in the world.
As of 10 October 2017, it carries a market valuation of over 470 billion US dollars, exceeding
Amazon. With the same globalization strategy as Qingdao Haier, in 2010, Alibaba Group
bought two internet companies in the United States, in order to break into the American e-
commerce market. In 2015, MEI.com joined with Alibaba as a strategic partner so that the
luxury product market in China has been taken. This is the difference between the
globalization strategy of Qingdao Haier and the Alibaba Group. Not only in the global
market, but Alibaba also expands their internal market through investing in overseas
companies functioning within China. Lazada, which is an e-commerce company in the
Philippines, was taken over by Alibaba in 2016. The purpose is to acquire the market in
Southeast Asia. In the Indian market, Alibaba invested in One97 Communication and Jasper
Infotech Pvt to open a market in a local area.
Apparently, Alibaba Group is becoming the biggest e-commerce company in the world.4
Alibaba Group has devoted themselves to building a business ecosystem. Alibaba Group has
a goal which is to become the world`s fifth-largest economy by 2036. To achieve the goal,
Alibaba expands its business, not only online retail which concentrates on cross-border trade,
but also diversified industries, such as the financial sector (Ant Financial), logistics sector
(Cainiao Logistics), and culture and entertainment sector. The ultimate purpose is to connect
and impact all business sectors. Its globalization strategy is different from Qingdao Haier`s.
Alibaba Group not only sells their products overseas, but also imports goods to the Chinese
domestic market. Therefore, the comprehensive business provides a higher possibility of
success in the global economic market. Currently, Alibaba Group is moving on the
“Electronic World Trade Platform” (eWTP), and focusing on helping small and medium
enterprises (SME). eWTP is able to impact on the development of a digital economy, in order
to collect heaps of related data to rearrange a new economic pattern. As of the end of 2016,
the total number of employees was 46819 (2016 CSR report).
Content analysis
Content analysis is one of the methods which is generally applied in quantitative research,
especially for analysing text data (Hsieh, & Shannon, 2005). This paper analyses the CSR
4 http://www.alibabagroup.com/en/news/press?page=1&year=2010&business=all
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reports of Qingdao Haier and Alibaba Group by using the content analysis method to capture
labour practices and human rights disclosures. The reports of each company, from 2011 to
2016, have been reviewed for this study. All of the reports were downloaded from the
companies’ websites. The following guidelines, standards and regulations have been referred
to in identifying the level of CSR disclosure in the two companies.
1) Global Reporting Initiative (GRI) (Versions: 3.0, 3.1 and 4.0)
2) Guidelines on Corporate Social Responsibility Reporting for Chinese Enterprises (CASS-
CSR)
3) Social Accountability 8000 International standard (SA8000)
4) International organization for standards 26000 (ISO26000)
Table 1 shows examples of contents extracted from the CSR reports. Data reliability is a
major issue in content analysis. In many instances, researchers use two or three coders to
make sure of the reliability of the data. In this research, coding was done by a single coder.
To maintain accuracy and reliability, a sample of coding was done repetitively and checked
for accuracy.
The study takes into account the requirements on the above standards and regulations related
to labour practice and human rights. In order to identify what has been disclosed and what
has not, we compared six years of data with the guidelines for each company. Firstly, the
paper goes through the international and domestic standards of CSR relevant to labour
practice and human rights, in order to show the differences between them, if there are any.
For example, the article explains international rules, including social clause, international
labour standards, SA8000, and ISO26000. On the other hand, the evolution of labour law and
labour contract law in China is introduced in the following section. This report selected
ISO26000 to be a better indicator of labour practice and human rights than SA8000 for the
comparison of these standards.
Secondly, the study aims at determining what they have applied from GRI and CASS-CSR
and what has been missing in their CSR reports because the CSR reports of Haier and
Alibaba were prepared based on GRI and CASS-CSR. All requirements of CSR reports
related to labour practices and human rights are listed in the test tables (Table 2, 3, 4 and 5) in
terms of CRI and CASS-CSR. Then information involved in the requirements are marked in
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16
the tables, in order to check the related information disclosed in their CSR reports and the
missing parts. For instance, 33,633 producing staff, 18,377 selling staff, 6,354 technical staff,
919 administrative staff, and 531 accounting and finance staff (56%, 31%, 11%, 1%,1%,
respectively) were disclosed in the 2011 Qingdao Haier CSR report. The information partly
meets the requirement of GRI 3.0 related to labour practices, which is “total workforce by
employment type, employment contract, and region.” (LA 1). Therefore, a check mark is
placed in Table 3. By contrast, all blank cells in the tables show missing parts. Then the study
evaluates the reports from 2011 to 2016 in terms of the guidelines of social responsibility in
relation to labour practices and human rights perspectives. The analysis used in this thesis is
based on GRI, which is updated over time, including GRI 3.0, 3.1 and 4.0. While this article
investigated the three versions, it is interesting to note that very few differences exist between
the guidelines over the years.
Thirdly, the data related to labour practice and human rights in their reports are compared
with ISO26000 to determine the quality of CSR reports from these two top companies in their
industries. ISO26000 on human rights is used in this study, in order to provide a study
reference, to examine whether the two companies disclosed data which meet its requirements.
Therefore, in terms of ISO26000, regarding human rights, there are eight categories including
1) due diligence, 2) human rights risk situations, 3) avoidance of complicity, 4) resolving
grievances, 5) discrimination and vulnerable groups, 6) civil and political rights, 7) economic,
social and cultural rights, and 8) fundamental principles and rights at work. In addition to
labour practice, five items are identified, which are 1) employment and employment
relationship, 2) conditions of work and social protection, 3) social dialogue, 4) health and
safety at work, and 5) human development and training in the workplace. The study analyses
the disclosed information of Qingdao Haier and Alibaba Group from these perspectives
(Table 6). The method is the same as in the former tables. Check marks showing disclosed
information in CSR reports related to the above requirements of ISO26000 are put in table
cells. Finally, this paper discusses the findings and sees whether Chinese companies pay
attention to labour practice and human rights.
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17
Table 1: Examples of content analysis
Results
GRI perspective
A summary view of the CSR reports related to labour practice and human rights in Qingdao
Haier and Alibaba Group from 2011 to 2016 is presented in Table 2 and Table 3,
respectively.
The findings in Table 2 demonstrate that Qingdao Haier barely disclosed information
involved in labour practice and human rights under GRI guidelines in 2015 and 2016. Only
the total number of employees by employment type and level of education was disclosed in
the 2015 reports. Information related to training, which was the best disclosed part in the past
four years, only described the purpose of training programmes in 2015 and 2016. Disclosed
information about employment is very scarce and was provided in the CSR reports from 2011
to 2014. Plus, the disclosure was not published exactly based on requirements of GRI
guidelines. Only the percentage and total number of employees in terms of job types are in
the reports.
In addition, data on benefits, which are provided to full-time workers, are disclosed better
between 2011 and 2014, such as health check, social insurance and paid holidays. Probably
the reason to disclose this information is that the company attempted to attract more
employees in order to reach a goal of sharply increased business at that time. However, two
important indicators of employment, which were not mentioned in the reports, are employee
turnover and the number of new employees. On the other hand, training and education are
QingdaoHaier(2014) AlibabaGroup(2014)
GRI
LA1:totalworkforcebyemployment
type,employmentcontract,and
region.
example"total55762,2050inheadquarter,33181producing
staff,11898sellingstaff,7908technicalstaff,674administrative
staff,625accounting&financestaff."Bechlordegreeandabove
11893,collage9826,polytechcollageandbelow32567
example"27257regularemployeesintotal,thenumberofnew
employeesis9113,femaleis11006,percentageofnew
employeeis29.4%,andwomenemployeesis40.40%."
CASS-CSR S2.1Coverageofemploymentcontract example"100%"
ISO26000humandevelopmentandtrainingin
theworkplace
example"Haiercollegehasacomprehensivetrainingsystem,
includingpracticelearning,self-learning,industryresource
learningandfull-timestudyintermsofemployees`ability."
example"Alibabahasestablishedacompletetrainingsystem
includingnewemployeesorientationtraining,professional
trainingandmanagementtraining.Theregulartrainingcourse
systemcoverscorporateculture,values,personalmanagement,
centennialresponsibility,professionalandtechnicaltrainingand
teammanagement.Furthermore,theGroupalsoadoptsan
onlinelearningplatformtoprovideemployeeswithonline
courses,andsupportspersonalizedfunctionssuchasonline
examsandestablishmentoflearningarchives,hencerealizingthe
commongrowthofemployeesandAlibaba."
Searchitem
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18
other indicators, which were explained quite well. Its concept, structure, and context are
described specifically in the reports. Nevertheless, the average hours per employee and
percentage of feedback of employees by gender and by employee category are not disclosed.
Apart from those previously mentioned indicators, indexes about labour practice and decent
work and human rights part are hardly commented on in the report in terms of the GRI
guidelines.
Table 2: Labour practice and human rights disclosures based on GRI in Qingdao Haier CSR
reports
Similar findings are in the CSR reports for Alibaba Group (Table 3). For employment, and
training and education indicators of labour practice and decent work, quality of disclosed
information are the same as the report of Haier. However, under the indicator of employment,
Alibaba Group provided the data related to new employees. Although there is a lack of data
about training hours and percentage of feedback by all categories, the reports from 2011 to
2013 provided the data of average hours of training per year per new employees, and the
percentage of employees` feedback. Compared with the disclosure of Qingdao Haier, Alibaba
Group disclosed data of diversity and equal opportunity between 2012 and 2016. A great deal
of the information referred to female employees. The percentage of female employees went
down from 44.5% to 38.51% during the period. As a human rights indicator, similarly to
Qingdao Haier, there was no disclosure between 2012 and 2016, except in the report from
2011, only a small amount of the presented information had a connection with human rights
indicators, such as investment, non-discrimination, child labour, and forced and compulsory
GRIG3.0 2011 2012 GRIG3.1 2013 2014 GRIG4.0 2015 2016
employment employment employment
LA1 √ √ LA1 √ √ LA1 √
LA3 √ √ LA3 √ √ LA3
labour/managementrelations labour/managementrelations labour/managementrelations
LA4 LA4 √ LA4
occupationalhealthand
safety
occupationalhealthand
safety
occupationalhealthand
ssfety
LA6 LA6 √ LA6
LA7 LA7 √ LA7
LA8 √ √ LA8 √ √ LA8
trainingandeducation trainingandeducation trainingandeducation
LA10 √ LA10 √ LA9
LA11 √ √ LA11 √ √ LA10 √ √
securitypractices securitypractices securitypractices
HR8 √ HR8 HR7
remediationsupplierhumanrights
assessment
HR11 √ HR10
TABLE1:QINGDAOHAIER
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19
labour. According to their CSR report in 2011, Alibaba offered a training programme to assist
disabled people to get skills for online business, in order to prevent anti-human rights events,
including discrimination, child labour, and forced and compulsory labour.
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20
Table 3: Labour practice and human rights disclosures based on GRI in Alibaba Group CSR
reports
CASS-CSR perspective
Qingdao Haier prepared their CSR reports based on GRI and CASS-CSR during the period of
analysis. Compared with GRI, CASS-CSR has a more narrow perspective of labour practice
and decent work and human rights. Only two categories are linked to these in CASS-CSR:
responsibility for employees and work safety. Both Qingdao Haier and Alibaba Group are
more likely to disclose information based on CASS-CSR than disclosure in terms of GRI. In
Table 4, from 2011 to 2013, the performance of CSR disclosure of Qingdao Haier was
getting better. Plus, their CSR report almost reached each requirement of CASS-CSR in
2013. However, the disclosed content of the reports between 2014 and 2016 decreased
sharply. Only requirements in the training part were presented in the report during the three
GRI3.1 2011 2012&2013﹡﹡ GRI4.0 2014 2015 2016
employment employment
LA1 √ √ LA1 √ √ √
LA2 √ √ LA2 √ √ √
LA3 √ √ LA3
occupationalhealthandsafety occupationalhealthandssfety
LA6 √ LA6
LA7 LA7 √ √ √
LA8 √ √ LA8
LA9
trainingandeducation trainingandeducation
LA9 √ √
LA10 √ √ LA10 √ √ √
LA11 √ √ LA11
diversityandequalopportunity
LA12 √ LA12 √ √ √
diversityandequalopportunityequalremunerationforwomenand
men
LA13 √ √ LA13
equalremunerationforwomenand
men
supplierassessmentforlabor
practices
LA14 √ LA14
investmentandprocurement
practicesinvestment
HR2 √ HR2
non-discriminationfreedomofassociationand
collectivebargaining
HR4 √ √ HR4
childlabor forcedandcompulsorylabor
HR6 √ √ HR6
forcedandcompulsorylabor securitypractices
HR7 √ √ HR7
TABLE2:ALIBABAGROUP
﹡ onereportisavailableforboth2012and2013.
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21
years. Otherwise, there was nothing in relation to responsibility to employees disclosed in the
reports. In addition, data related to payment, such as minimum wage and overtime pay, were
not written about in the reports. Furthermore, data about trade union, diversity of employees,
and part-time employees, were not discovered in the reports. Content regarding work safety
requirements were carried out well in all of reports during the period of analysis.
Table 4: Responsibility to employees and work safety disclosures based on CASS-CSR in
Qingdao Haier CSR reports
The CSR reports of Alibaba Group have applied CASS-CSR since 2014 (Table 5). Compared
with the reports based on CASS of Qingdao Haier, the reports of Alibaba Group are simpler.
A great number of indexes were disclosed as numbers, for example, coverage of employment
contract and social insurance, member of days of paid annual leave per capital per year,
percentage of female managers and disabled employees, and safety training performance.
There is a lack of sufficient explanations to understand the underlying meaning of those
numbers. Similarly, in the reports of Qingdao Haier, disclosure of training attracted much
CASS-CSR 2011 2012 2013 2014 2015 2016(S2)Responsibilityto
employees
S2.2 √
S2.3 √
S2.4 √
S2.5 √ √ √
S2.9 √ √ √
S2.12 √ √ √
S2.16 √
S2.17 √
S2.18 √ √
S2.19 √ √
S2.20 √ √
S2.21 √ √ √
S2.22 √ √ √
S2.24 √ √
S2.25 √ √ √ √ √ √
S2.26 √ √
S2.27 √ √ √
S2.29 √ √
S2.30 √ √
S3(S3)Worksafety
S3.1 √ √ √ √ √ √
S3.2 √ √ √
S3.3 √ √ √ √ √
S3.4 √ √ √ √
S3.5 √ √
TABLE3:QINGDAOHAIER
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attention for both of them, but there are more details in Alibaba`s reports. The descriptions of
training programmes presented various types of classes, contents of each level, and goals of
each type. Apart from this, none of the data related to work safety were in reports between
2014 and 2016.
Table 5: Responsibility to employees and work safety disclosures based on CASS-CSR in
Alibaba Group CSR reports
Results indicate that the quality of CSR disclosure in relation to labour practice and decent
work and human rights became worse for Qingdao Haier and Alibaba Group from 2011 to
2016 (see Table 2, 3, 4 and 5). Furthermore, many problems stand out in the reports. Firstly,
both of them did not disclose the data of employee turnover. According to Jiang, Baker and
Frazier (2009), manufacturing output is impacted by a higher turnover rate of employees;
therefore, it will raise risk instantly for companies. Meanwhile, employee turnover is a key
indicator for the performance of human resources (Cox, Issa, & Ahrens, 2003). This indicator
not only affects business productivity, but also the stability of organizations and the work
emotion of employees. As turnover ratio is excessive, it indicates that management of human
resources has issues. In this situation, the cost of selecting and training new employees will
rise. On the other hand, employee turnover can provide evidence concerning the accuracy of
CSR report content. At the same time, the public always doubts the information due to the
CASS-CSR 2014 2015 2016
(S2)Responsibilitytoemployees
S2.1 √ √ √
S2.3 √ √
S2.9 √ √ √
S2.11 √ √ √
S2.12 √ √ √
S2.13 √ √ √
S2.15 √ √ √
S2.18 √ √ √
S2.19 √ √ √
S2.22 √ √ √
S2.24 √
S2.25 √ √ √
S2.26 √ √
S2.27 √ √ √
S2.29 √ √ √
S3Worksafety
S3.4 √ √ √
TABLE4:ALIBABAGROUP
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fact that it is purposely selected by management teams to promote companies (Buzby, 1974).
Therefore, reliability of disclosed information would go down without employee turnover.
Secondly, an absence of data in regard to new employees will negatively impact the
companies` reputation, as growing businesses are supposed to employ new staff members.
Both Qingdao Haier and Alibaba Group have a globalization strategy, so that their businesses
are expanding dramatically. In theory, the number of new employees should increase during
the growth period. Therefore, it is necessary to disclose the relevant information. In Table 6,
data about new employees was disclosed sufficiently in the reports of Alibaba Group, not
only the number of new workers, but also disclosure on their training programme. However,
as for Qingdao Haier, Table 5 shows that no information is mentioned in their CSR reports
during the period of analysis. While the number of employees increases every year, there is
no information to explain this increase. It may be due to newly recruited employees or
employees who are from recently purchased companies.
Last but not least, both of them have only a few disclosures related to protection of
employees, such as social insurance and health checks. However, democratic management
and complaint mechanisms were barely mentioned in the reports. Another way to reflect the
protection is through a human rights perspective. Actually, these data are more useful than
the information which was disclosed in their reports. As a result, their corporate management
system is mirrored by these disclosures. A lack of data in the CSR reports might be correlated
to a management system unaware of a deficiency in issues connected to human rights. The
reason is that directors have no feedback from non-disclosed data. In opposition to this
situation, when companies take into account labour practice and human rights, they would
likely disclose all the information related to it, in order to gain a good reputation from the
entire society. After all, no companies would publish information against their interests.
The results also show that another big issue in both of their CSR reports is the absence of
monetary information. All of the involved indicators in payments of employees, which are
required in the CSR guidelines, are not disclosed. For example, they could mention the
minimum wage, ratio of basic salary of men and women, and overtime pay. However, this
information may be viewed as too sensitive to be disclosed. The present state of the data does
not allow a specific reason for this issue.
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ISO26000 perspective
In terms of ISO26000, there are eight points for human rights and five aspects for labour
practice. In addition, the scope of human rights in ISO26000 is much wider than the
requirements of GRI. Therefore, based on an ISO26000 perspective, their CSR reports show
that they only covered basic information of employees and human rights. However, the
disclosure was not meaningful to the public (see Table 6). It cannot prove how both of them
are making efforts to protect employees. Meanwhile, the mechanism of law in China has is
not yet sophisticated. Under this legislation environment, the companies would not have the
motivation to disclose more information so that potential risks might be brought up.
Furthermore, the Chinese CSR guidelines do not have requirements for human rights
disclosure. Obviously, the disclosed data based on CASS-CSR are less than the information
revealed under ISO26000. In short, the CSR reports of both Qingdao Haier and Alibaba
Group, which are assessed by ISO26000, show that these two companies do not disclose any
useful knowledge on labour practice and human rights. Based on the limited data, the
research cannot have a deep analysis in regard to the performance of the two companies on
labour practice and human rights in terms of ISO26000.
Additionally, it is not possible to find from the results any direct relationship between labour
practice and human rights in their CSR reports and globalization strategy. The research
expects that multi-national companies prefer to disclose more information in CSR reports,
including disclosure on labour practice and human rights. Instead, the fact is that limited
disclosure related to these two views is presented by the multi-national companies
investigated here. To make the matter worse, the trend of development of CSR in both of
these two companies is decreasing in terms of quality. Therefore, the study cannot get the
result that multi-national companies would have high-quality CSR reports.
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Table 6: Human rights and labour practices disclosures based on ISO26000 in Qingdao Haier
and Alibaba Group CSR reports
Discussion and Conclusions
Discussion
Disclosure in relation to human rights and labour practice does not get a lot of attention from
the public in China. This may be due either to the absence of a mechanism establishing
labour rules to protect rights and interests of employees, or concerns of the government on
improvements of labour practice and human rights (Ross & Chan, 2002). Nonetheless, the
development of a business cannot be achieved without shareholders who invest or take part in
the business. It is necessary to get a balance of requirements between each shareholder.
Corporations are composed of every shareholder who is a contract combination. Its capital
not only comes from investors, but also derives from employees, suppliers and customers.
One stakeholder can provide money and material resources, while another offers nonmaterial
resources in order to keep business operation activities normal. Nonmaterial resources
include technology staff that provides technological capital, the government that puts in
social cost, and obviously manufacturing employees that input human resources. Therefore,
as a reward, enterprises should undertake duties that take into account social responsibility
for employees. That means employees should be allowed to participate in corporate
governance either through supervision or decision making. Based on this concept, a trade
union is able to argue with corporate management, in order to fight for employees.
Companies
Years 2011 2012 2013 2014 2015 2016 2011 2012&2013﹡﹡ 2014 2015 2016
HumanRights
duediligence
humanrightsrisksituations
avoidanceofcomplicity
resolvinggrievances
discriminationandvulnerablegroups √ √
civilandpolliticalrights
economic,socialandculturalrights
fundamentalprinciplesandrightsatwork
LabourPractice
employmentandemploymentrelationship
conditionsofworkandsocialprotection
socialdialogue
healthandsafetyatwork √ √ √ √ √ √
humandevelopmentandtrainingintheworkplace √ √ √ √ √ √ √ √ √ √ √
QingdaoHaierTABLE5:ISO26000
Alibaba
﹡ onereportisavailableforboth2012and2013.
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26
Compared with the established process in developed countries, the trade union structure in
China is completely different. Each individual company needs to be approved by the All-
China Federation of Trade Unions (ACFTU) to establish a trade union. On the contrary,
setting up a trade union is protected by regulations in most developed countries (Yu, 2008).
This is the reason both Qingdao Haier and Alibaba Group did not disclose anything about
freedom of association and collective bargaining under the provisions of GRI. As a result,
according to regulations in China, organising a group of people without any permission from
the government is an illegal activity. The China Trade Union Law, which was amended in
2011, enhanced the legal status of ACFTU (Yu, 2008). According to Yang and Zhong
(2010), although there are specific clauses in regulations about payment rates, working hours
and social insurance, those criteria actually depend on the employers. No official monitoring
is available and there is a clear deficiency in the implementation of rules regarding those
issues. At the same time, most trade unions in China are controlled by management, instead
of a representative of employees. Therefore, trade unions in China cannot achieve the goal of
labour practice and human rights, which is to protect employees.
On the other hand, the purpose of CSR is not clear. It is supposed to explain not only their
value of social responsibility and strategies, but also social responsibility activities and
corporate performance, so that shareholders are able to communicate with enterprises
completely about issues related to social responsibility. By contrast, probably the purpose,
which is either appealing to the public or cultivating their brand and reputation, leads to CSR
reports with inaccurate information; specifically, the reports cannot disclose negative events
in full transparency. Furthermore, some companies may believe that they will get into trouble
because of negative disclosed information. Therefore, this is the reason why the CSR reports
do not have sufficient useful data.
The last explanation of the presented results is that all social responsibility rules are not
compulsorily applied, neither in terms of international standards nor internal guidelines.
Although all organizations in China have to apply labour law, labour contract law and other
rules involved in labour practice and human rights, the right of disclosure is still decided by
businesses themselves. As a result, these organizations do not need to take any legal
responsibility for their impacts, whether all the relevant information is disclosed or selective
data are disclosed. Therefore, an effective approach to monitoring enterprises is necessary in
order to protect the interests and rights of the public, such as investors, customers, and
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27
employees. In China, information involving employees can be disclosed either by
compulsory accounting standards or by voluntary CSR. In terms of accounting standards,
there are two aspects, which have to be disclosed. Firstly, the details of the board and
management, including the name, age, gender, education, political statue, working
experience, duties, remuneration, and ability description of corporate board members,
supervisors, and senior management. Secondly, basic information on employees, related to
the total number of employees, education structure, job qualification, needs to be revealed.
However, as a voluntary report, there are diverse guidelines and standards that can be
applied. As mentioned above, GRI, CASS-CSR, ISO26000 and SA8000 are a few examples
that involve labour practice and human rights, including society security and benefits, health
and safety, as well as training and development. In short, the information under accounting
standards cannot present the situation of labour practice and human rights. However, all
guidelines of social responsibility provide a comprehensive outline of labour practice and
human rights, and the public is able to get sufficient information on labour practices and
human rights through it. Both Haier and Alibaba did not disclose content based on these
guidelines rigidly because applying standards from a strict environment is difficult in a
tolerant one (Lattemann et al., 2009). In addition, according to Lattemann et al. (2009), China
is a relation-based society, not a rule-based society where CSR practices get more attention
from organizations whether the government focuses on it or not.
In the Chinese capital market, there is a massive gap in corporate information between
enterprises and shareholders. Business organizations do not willingly disclose sufficient
information to the public. Occasionally, inaccurate data were sent out by companies, creating
confusion among the shareholders (e.g. the Sanlu case). As a result, the majority of
stakeholders who seek information are outsiders and they do not participate in the
management of businesses. The only way they can get data is from annual reports or CSR
reports. However, enterprises are apt to disclose only information which is beneficial to
themselves in order to increase profits. Therefore, making rules for disclosure information
can prevent shareholders from making wrong decisions. Additionally, from an investor’s
perspective, the more information disclosed, the better it is for the companies’ reputation. In
contrast, the businesses, which disclose either little information about social responsibility or
none, will lose investors` faith. Thus, a high-quality CSR report can increase profitability.
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However, compared with CSR reports, financial statements are much more reliable because
of their assurance by third parties. An audit of social responsibility aims at maintaining
sustainability development of human beings. Third parties should be active as auditors on
monitoring social responsibilities for which governments, communities, and individuals ask,
by scientific methods and reasonable strategies. The goal is to assist companies in achieving
their social responsibilities. On the other hand, companies may not like to apply the standards
strictly, as it may create costs related to labour practice (Jiang, et al, 2009). Those costs
would allow data collection in order to meet requirements of the standards, such as, minimum
wages of men and women, training hours of employees by genders, and overtime pay.
Generally, from a long-term perspective, organizations should implement completely either
international standards, such as GRI, SA8000, and ISO26000, or internal guidelines like
CASS-CSR. This would bring not only a good reputation but also higher profitability for
enterprises.
Conclusions
This study examined the labour practices and human rights disclosure practices of two of the
top Chinese companies over six years, between 2011 and 2016. Qingdao Haier prepared their
CSR reports based on GRI and CASS-CSR. Alibaba Group complied with GRI for their CSR
reports in the same period as Qingdao Haier, but CASS-CSR was adopted in CSR between
2014 and 2016. In accordance with GRI, there was not sufficient disclosure in Qingdao
Haier’s reports during the period of analysis. On the contrary, disclosure in the report based
on CASS-CSR is adequate in terms of qualitative descriptions. Meanwhile, work safety
content from CASS-CSR remained dominant in the reports, even through 2015 and 2016, and
there was limited disclosure in relation to labour practice and human rights. By contrast, none
of the disclosure relevant to work safety was in the CSR reports of Alibaba Group. It may be
explained by the type of industries of Alibaba Group, which is a high-tech internet company.
However, problems linked to work safety still exist in the company. It cannot be an excuse to
avoid disclosing. Furthermore, another issue of Alibaba Group`s CSR reports is that there
was absolutely no disclosure of human rights complying with GRI guidelines. This study
recommends that both companies should be more transparent about their labour practices and
human rights compliance.
Firstly, both of the companies examined in this study are listed public firms, Alibaba in the
United States and Qingdao Haier in the domestic stock exchange market. They also adopted a
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29
globalization strategy. That means they have investors from the developed countries. Based
on this point, this paper expected finding that the CSR reports of the two companies would
apply either international or domestic requirements better. However, according to the above
analysis, there are insufficient external incentives. Moreover, shareholders in China are
lacking a social responsibility consciousness. Before any social scandal happened, CSR
reports did not get much attention from society. Secondly, the companies lack the ability to
apply the standards (Busse, 2016). As we mentioned before, companies are under a lot of
pressure to collect data in order to meet the requirements of the standards. In addition,
companies know that CSR reports play an important role in their business development, but
the data, which CSR reports need, cannot be provided by their financial data. Finally, the
regulation and law system as well as the monitoring system in China are incomplete. It is
worth mentioning, though, that in the past decade the Chinese government promulgated and
amended some regulations, in order to improve the protection of people in terms of labour
practice and human rights. As it is right now, there is still an absence of a comprehensive and
completed system to regulate organizations for the preparation of their CSR reports.
There are some limitations in this study. Firstly, content analysis was carried out by one
person and therefore there may be somewhat subjective findings. Secondly, the sample of
research is just two typical cases. Therefore, the results are not universal. Further research
could select more entities in order to generalise the results and provide global models,
suitable to any organization. Further in-depth research through interviews also be
encouraged.
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30
References
Aguinis, H., & Glavas, A. (2012). What we know and don’t know about corporate social
responsibility – a review and research agenda. Journal of Management, 38(4), 932-
968.
Alibaba Group. (2018) Retrieved on 01 February 2018 from
http://www.alibabagroup.com/en/news/press?page=1&year=2010&business=all.
Beschorner, T., & Müller, M. (2007). Social standards: toward an active ethical involvement
of businesses in developing countries. Journal of Business Ethics, 73(1), 11-20.
Blackett, A. (1999). Whither social clause? human rights, trade theory and treaty
interpretation. Columbia Human Rights Labour Review, 31, 1-597.
Busse, R. (2016). Sustainable development and CSR in China – a multi-perspective approach.
Asia Pacific Business Review, 22(2), 346-347.
Buzby, S. L. (1974). Selected items of information and their disclosure in annual reports. The
Accounting Review, 49(3), 423-435.
Carroll, A. B. (1999). Corporate social responsibility: evolution of a definitional construct.
Business and Society, 38(3), 268-295.
Cooper, C., Coulson, A. and Taylor, P. (2011). Accounting for human rights: Doxic health
and safety practices - The accounting lesson from ICL, Critical Perspectives on
Accounting, 22(8), 738-758.
Cox, R. F., Issa, R. R., & Ahrens, D. (2003). Management’s perception of key performance
indicators for construction. Journal of Construction Engineering and Management,
129(2), 142-151.
Enderle, G., & Murphy, P. E. (2009). Ethics and corporate social responsibility for marketing
in the global marketplace. The SAGE Handbook of International Marketing, 504-531.
Engle, E. (2004). Corporate social responsibility (CSR): market-based remedies for
international human rights violations? Willamette Law Review, 40(1), 103-121.
Forsman-Hugg, S., Katajajuuri, J. M., Riipi, I., Mäkelä, J., Järvelä, K., & Timonen, P. (2013).
Key CSR dimensions for the food chain. British Food Journal, 115(1), 30-47.
Gamerschlag, R., Möller, K., & Verbeeten, F. (2011). Determinants of voluntary CSR
disclosure: empirical evidence from Germany. Review of Managerial Science, 5(2),
233-262.
Gilbert, D. U., & Rasche, A. (2007). Discourse ethics and social accountability: the ethics of
SA 8000. Business Ethics Quarterly, 17(2), 187-216.
http://www.alibabagroup.com/en/news/press?page=1&year=2010&business=all
-
31
Gray, R. and Gray, S. (2011). Accountability and human rights: A tentative exploration and a
commentary. Critical Perspectives on Accounting, 22(8), 781-789.
Haier Group. (2015) Retrieved on 01 February 2018 from
http://www.haier.net/en/about_haier/
Haina, L. (2015). The right to employment security in Chinese labor law: latest developments
in light of international law, Frontiers of Law in China, 10, 136-160. doi:
Hou, S., & Li, L. (2014). Reasoning and differences between CSR theory and practice in
China, the United States and Europe. Journal of International Business Ethics, 7(1),
19-30.
Hsieh, H. F., & Shannon, S. E. (2005). Three approaches to qualitative content analysis.
Qualitative Health Research, 15(9), 1277-1288.
International Labour Organization (ILO) (2017). Retrieved on 12 December 2017 from
http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTR
Y_ID:103404
Islam, M. A., Haque, S., Dissanayake, T., Leung, P., & Handley, K. (2015). Corporate
disclosure in relation to combating corporate bribery: a case study of two Chinese
telecommunications companies. Australian Accounting Review, 25(3), 309-326.
Jiang, B., Baker, R. C., & Frazier, G. V. (2009). An analysis of job dissatisfaction and
turnover to reduce global supply chain risk: evidence from China. Journal of
Operations Management, 27(2), 169-184.
Joyner, B. E., & Payne, D. (2002). Evolution and implementation- a study of values, business
ethics and corporate social responsibility. Journal of Business Ethics, 41(4), 297-311.
Kolk, A. (2016). The social responsibility of international business: from ethics and the
environment to CSR and sustainable development, Journal of World Business, 51(1),
23-34.
Kolk, A., Hong, P., & Van Dolen, W. (2010). Corporate social responsibility in China: an
analysis of domestic and foreign retailers' sustainability dimensions, Business
Strategy and the Environment, 19(5), 289-303.
Kortelainen, K. (2008). Global supply chains and social requirements: case studies of labour
condition auditing in the People's Republic of China, Business Strategy and the
Environment, 17(7), 431-443.
Lamberti, L., & Lettieri, E. (2009). CSR practices and corporate strategy – evidence from a
longitudinal case study, Journal of Business Ethics, 87(2), 153-168.
http://www.haier.net/en/about_haier/http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103404http://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103404
-
32
Lattemann, C., Fetscherin, M., Alon, I., Li, S., & Schneider, A.-M. (2009). CSR
communication intensity in Chinese and Indian multinational companies, Corporate
Governance, 17(4), 426-442.
Lauwo, S. and Oytusanya, O. J. (2014). Corporate accountability and human rights
disclosures: A case study of Barrick Gold Mine in Tanzania, Accounting Forum, 38,
91-108.
Leary, V. A. (1997). The WTO and the social clause: post-Singapore. European Journal of
International Law, 8(1), 118-122.
Li, S., Park, S. H., & Li, S. (2004). The great leap forward: the transition from relation-based
governance to rule-based governance. Organizational Dynamics, 33(1), 63-78.
Maignan, I., & Ferrell, O. C. (2004). Corporate social responsibility and marketing: an
integrative framework. Journal of the Academy of Marketing Science, 32(1), 3-19.
Noronha, C., Tou, S., Cynthia, M. I., & Guan, J. J. (2013). Corporate social responsibility
reporting in China: an overview and comparison with major trends. Corporate Social
Responsibility and Environmental Management, 20(1), 29-42.
Parsa, S., Roper, I., Muller-Camen, M. and Szigetvari, E. (2018). Have labour practices and
HR disclosures enhanced corporate accountability? The case of the GRI framework,
Accounting Forum, 42(1), 47-64.
Palepu, K., Khanna, T., & Vargas, I. (2006). Haier: taking a Chinese company global.
Retrieved from https://www.hbs.edu/faculty/Pages/item.aspx?num=32792
Pallas, F. (2016). Haier: a case study on how one of china’s first global brands keeps
expanding, Multinational Management, Advanced online publication.
Peloza, J. (2009). The challenge of measuring financial impacts from investments in
corporate social performance. Journal of Management, 35(6), 1518-1541.
Preuss, L., Haunschild, A., & Matten, D. (2009). The rise of CSR: implications for HRM and
employee representation, The International Journal of Human Resource Management,
20(4), 953-973.
Ross, R., & Chan, A. (2002). From North-South to South-South: the true face of global
competition, Foreign Affairs, 81(5), 8-13.
Scherer, A. G. and Palazzo, G. (2011). The new political role of business in a globalized
world: A review of a new perspective on CSR and its implications for the firm,
governance, and democracy, Journal of Management Studies, 48, 899-931.
-
33
Schrempf-Stirling, J. and Palazzo, G. (2016). Upstream corporate social responsibility: The
evolution from contract responsibility to full producer responsibility, Business &
Society, 55(4), 491-527.
Sikka, P. (2011). Accounting for human rights: The challenge of globalization and foreign
investment agreements, Critical Perspectives on Accounting, 22(8), 811-827.
Tang, X, H. (2004). The trade barrier of SA8000 and the rebuilding of the competitive
advantages of Chinese enterprises [J]. China Business and Market, 4, 005.
The World Bank. (2017). Retrieved from
http://www.worldbank.org/en/country/china/overview#1
Wang, L., & Juslin, H. (2009). The impact of Chinese culture on corporate social
responsibility- the harmony approach, Journal of Business Ethics, 88(3), 433–451.
Wettstein, F. (2012). CSR and the debate on business and human rights: bridging the great
divide. Business Ethics Quarterly, 22(4), 739-770.
Whelan, G., Moon, J., and Orlitzky, M. (2009). Human rights, transnational corporations and
embedded liberalism: What Chance Consensus?, Journal of Business Ethics, 87,
367-383.
Whelan, G. and Muthuri, J. N. (2016). Chinese state-owned enterprises and human rights:
The importance of national and intra-organisational pressures, Business & Society,
56(5), 738-781.
Willis, A. (2003). The role of the Global Reporting Initiative’s sustainability reporting
guidelines in the social screening of investments, Journal of Business Ethics, 43(3),
233–237.
Yang, Y., & Zhong, N. (2010). Unions improve Chinese workers' welfare - results from
1,268 firms. St. Louis: Federal Reserve Bank of St Louis.
Yu, X. (2008). Workplace democracy in China's foreign-funded enterprises: a multilevel case
study of employee representation, Economic and Industrial Democracy, 29(2), 274-
300.
http://www.worldbank.org/en/country/china/overview#1
-
34
Appendix: ILO conventions and recommendations applied by China
(Source: ILO)
FundamentalConvention Date Status Note
C100-EqualRemunerationConvention,1951(No.100) 2-Nov-90 InForce
C111-Discrimination(EmploymentandOccupation)Convention,1958(No.111) 12-Jan-06 InForce
C138-MinimumAgeConvention,1973(No.138)Minimumagespecified:16years 28-Apr-99 InForce
C182-WorstFormsofChildLabourConvention,1999(No.182) 8-Aug-02 InForce
Governance(Priority)Convention Date Status Note
C122-EmploymentPolicyConvention,1964(No.122) 17-Dec-97 InForce
C144-TripartiteConsultation(InternationalLabourStandards)Convention,1976(No.144) 2-Nov-90 InForce
TechnicalConvention Date Status Note
C007-MinimumAge(Sea)Convention,1920(No.7) 2-Dec-36 NotinforceAutomaticDenunciationon27Apr
2000byconventionC138
C011-RightofAssociation(Agriculture)Convention,1921(No.11) 27-Apr-34 InForce
C014-WeeklyRest(Industry)Convention,1921(No.14) 17-May-34 InForce
C015-MinimumAge(TrimmersandStokers)Convention,1921(No.15) 2-Dec-36 Notinforce
Abrogatedbydecisionofthe
InternationalLabourConferenceat
its106thSession(2017)
C016-MedicalExaminationofYoungPersons(Sea)Convention,1921(No.16) 2-Dec-36 InForce
C019-EqualityofTreatment(AccidentCompensation)Convention,1925(No.19) 27-Apr-34 InForce
C022-Seamen'sArticlesofAgreementConvention,1926(No.22) 2-Dec-36 InForce
C023-RepatriationofSeamenConvention,1926(No.23) 2-Dec-36 InForce
C026-MinimumWage-FixingMachineryConvention,1928(No.26) 5-May-30 InForce
C027-MarkingofWeight(PackagesTransportedbyVessels)Convention,1929(No.27) 24-Jun-31 InForce
C032-ProtectionagainstAccidents(Dockers)Convention(Revised),1932(No.32) 30-Nov-35 InForce
C045-UndergroundWork(Women)Convention,1935(No.45) 2-Dec-36 InForce
C059-MinimumAge(Industry)Convention(Revised),1937(No.59) 21-Feb-40 NotinforceAutomaticDenunciationon27Apr
2000byconventionC138
C080-FinalArticlesRevisionConvention,1946(No.80) 4-Aug-47 InForce
C150-LabourAdministrationConvention,1978(No.150) 7-Mar-02 InForce
C155-OccupationalSafetyandHealthConvention,1981(No.155) 25-Jan-07 InForce
C159-VocationalRehabilitationandEmployment(DisabledPersons)Convention,1983(No.
159)2-Feb-88 InForce
C167-SafetyandHealthinConstructionConvention,1988(No.167) 7-Mar-02 InForce
C170-ChemicalsConvention,1990(No.170) 11-Jan-95 InForce
MLC,2006-MaritimeLabourConvention,2006(MLC,2006)
InaccordancewithStandardA4.5(2)and(10),theGovernmenthasspecifiedthefollowing
branchesofsocialsecurity:medicalcare;unemploymentbenefit;old-agebenefit;
employmentinjurybenefitandmaternitybenefit.
12-Nov-15 InForce
Amendmentsof2014totheMLC,2006 18-Jul-14 Notinforce Awaitingdeclarationofacceptance
Amendmentsof2016totheMLC,2006 8-Jul-16 NotinforceFormaldisagreementperioduntil08
Jul2018
Outof26ConventionsratifiedbyChina,ofwhich23areinforce,2Conventionshavebeendenounced;1instrumentabrogated;none
havebeenratifiedinthepast12months.
RATIFICATIONSFORCHINA26Conventions
FundamentalConventions:4of8
GovernanceConventions(Priority):2of4
TechnicalConventions:20of177